In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that because an action under the Texas Fraudulent Transfers Act is essentially one for property that properly belongs to the debtor, the cause of action belongs to the debtor
• holding that a fraudulent transfer claim against a corporate debtor’s control person belongs to the corporate debtor, not to specific creditors
• holding that action under the Uniform Fraudulent Transfers Act belongs to estate because debtor was stripped of assets, causing derivative injury to plaintiff creditor
• holding that because an action under the Texas Fraudulent Transfers Act is essentially one for property that properly belongs to the debtor, the cause of action belongs to the debtor
• noting that the meaning of the term “all legal or equitable interests” includes, at the very least, rights of action
• concluding that an action under the Fraudulent Transfers Act properly belongs to the estate, where (1) the debtor could have brought the action to recover its assets; and (2) the debtor is stripped of assets, causing a derivative injury to the individual creditor

Source: CourtListener parenthetical corpus (CC0).